JPFO ALERT: "THE DISINTERESTED DISPOSITION TO PUNISH":
JAMES SENSENBRENNER AND THE DESTRUCTION OF FREEDOM

On April 13, Rep. Phil Gingrey of Georgia introduced H.R.
1603, "The Fairness in Firearm Testing Act,"
(http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.01603:)
into the U.S. House of Representatives. The bill was
immediately referred to the House Judiciary Committee,
chaired by Rep. James Sensenbrenner.

Five weeks later, there the bill sits. Not a single other
member of Congress has signed on as co-sponsor. No action
has been taken.

As you may recall from an earlier JPFO alert
(http://www.jpfo.org/alert20050418.htm) this bill requires
the Bureau of Alcohol, Tobacco, Firearms, and Explosives to
video-record all tests it conducts on firearms and to
supply unedited copies of the recordings to owners of those
firearms and to defendants in any cases involving those
firearms.

This bill does one thing only: It demands that the federal
government provide truthful, verifiable evidence in legal
cases.

The bill is not "pro-gun." It's merely pro-honesty.

Anyone who spent even a few minutes watching the footage in
"BATFE Fails the Test" (http://www.jpfo.org/batfevideo.htm)
knows that the BATFE is a dishonest, incompetent
organization that must be forced to stop "testilying"
against innocent gun owners.

But James Sensenbrenner won't watch "BATFE Fails the Test."
We know, because we sent him a copy. His only response was
an insulting letter praising the BATFE for "combat[ting]
violent crime and terrorism" and "protect[ing] Americans'
constitutional rights."
(http://www.jpfo.org/sensenbrenner.jpg).

Before we answer that question, there's more to tell. At
first, the disgusting information below seems unrelated to
Sensenbrenner's support of the BATFE. But it's all part of
a larger picture.

IS AN INMATE RUNNING THE ASYLUM?

While opposing gun owners' rights, Mr. Sensenbrenner has
been very busy promoting his own agenda. And to say his
agenda is frightening would be a vast understatement.

You probably already know about his Real ID Act, which
became law last week. Among other things, the act puts
control of our state drivers licenses (and our personal
data) into the hands of the Department of Homeland
Security, effectively creating a national ID card and an
internal passport. (http://www.jpfo.org/alert20050511.htm)
When Real ID is implemented, the federal government will
control your ability to travel, buy a firearm, open a bank
account, purchase liquor, and more.

Unfortunately, Mr. Sensenbrenner isn't stopping there.

He now wants to turn you into a federal criminal for doing
... NOTHING AT ALL.

H.R. 1528 contains two sections that ought to chill the
blood of freedom-loving Americans -- gun owners, in
particular.

SNITCH OR GO PRISON -- AND LOSE YOUR GUN RIGHTS?

The first creepy section would turn us all into snitches --
or else. Here's the text:

"SEC. 425. (a) It shall be unlawful for any person who
witnesses or learns of a violation of sections 416(b)(2),
417, 418, 419, 420, 424, or 426 to fail to report the
offense to law enforcement officials within 24 hours of
witnessing or learning of the violation and thereafter
provide full assistance in the investigation, apprehension,
and prosecution of the person violating paragraph (a).

"(b) Any person who violates subsection (a) of this section
shall be sentenced to not less than two years or more than
10 years. If the person who witnesses or learns of the
violation is the parent or guardian, or otherwise
responsible for the care or supervision of the person under
the age of 18 or the incompetent person, such person shall
be sentenced to not less than three years or more than 20
years."

The violations cited in the first paragraph all concern
"drug trafficking." But they could include such minor
matters as a neighbor couple buying a baggie of cannabis
for a Saturday evening's recreation. Or your son giving a
joint to a young friend.

Yes, turn in your friends and relatives. Testify against
them in court. Even (possibly) be forced to wear a wire
while having conversations with them -- or go to federal
prison for up to 20 years.

But what if the violators in question really are violent
drug traffickers? Well, then the law gives you no time to
think about your actions, or to prepare to protect your
family. The law requires you to report anything you know
before a full day is out -- even if your report might
result in you being beaten or killed by gangsters.

And think about this: Will the government decide you're a
felon because you don't turn in your neighbor, your
daughter, your son, your wife, or your husband?

Once Mr. Sensenbrenner and his friends brand you a felon,
what happens to your right to own firearms?

THAT'S NOT THE ONLY BAD NEWS FOR GUN OWNERS

The second very worrisome provision is "SEC. 8. ASSURING
PROGRESSIVE ENHANCEMENTS FOR PERSONS POSSESSING OR USING
FIREARMS."

This section reads, in part:

"... the Sentencing Commission shall amend the sentencing
guidelines, policy statements, and official commentary
issued under section 994 of title 28, United States Code,
so as to ensure--

"(1) that the specific offender characteristics under
section 2D1.1(b) provide for increases to the base offense
level of--

"(A) 8 levels if a firearm was possessed in or near the
presence of a person under the age of 18 ...

"(B) 6 levels if the defendant discharged a firearm or 8 or
more firearms were possessed ...

"(C) 4 levels if the defendant brandished or otherwise used
a dangerous weapon (including a firearm) or possessed a
firearm described in section 921(a), (6), (8), or (30) of
title 18 United States Code ...

"(D) 3 levels if 2 or more firearms were possessed ..."

Please keep in mind that when federal law talks about
"possessing" or "using" a firearm, this is meant in the
broadest possible sense.

Having an unloaded gun locked in a trunk in another room is
"possessing" a firearm. Carrying a firearm in the glove
compartment of your car while committing a non-violent
crime in a nearby building is "using" a firearm -- as many
real-world court cases have demonstrated.

DANGEROUS MADNESS

JPFO is not a lobbying organization. We are strictly an
educational group. We take no official stand on any piece
of legislation and we do not urge members or supporters to
take any particular actions on pending legislation.

But we do recognize tyrannical madness when we spot it. And
we're seeing it in James Sensenbrenner's compulsive desire
to control everyone in the country, and his desire to
punish everyone he can't control.

We cannot stress enough that *THESE ARE THE ATTITUDES THAT
DOMINATE POLICE STATES*.

In _The State vs. the People_ http://www.jpfo.org/tsvtp.htm)
we wrote about an attitude that prevailed in Nazi Germany
during Hitler's rise to power -- an attitude prevalent in
Congress today. A Danish sociologist of Hitler's day called
this attitude "the disinterested disposition to punish."

It's what we might call "being tough on crime."

But it's not merely being stern with violent criminals who
aggressively harm others through rape, murder, assault, or
armed robbery. It's the desire to inflict ever-harsher
punishments on strangers for a vast variety of offenses
that may not harm anyone, or that harm only the parties
committing the crime (thus the word "disinterested,"
implying that we embrace the idea of inflicting punishment
on people whose actions haven't affected us).

Mr. Sensenbrenner is showing us a classic case of that
police-state propensity.

If your brother buys a baggie of cannabis while his old Boy
Scout .22 rifle rests in a nearby closet, and if you don't
immediately turn him in to the cops and fully cooperate in
his prosecution -- you're both headed for harsh prison
sentences. That is, you are if Mr. Sensenbrenner, "friend
of the gun owner," has his way.

And if your brother has a child ... or if he owns multiple
guns ... well, then thanks to the firearm "enhancements" in
Section 8, you can kiss him goodbye for a long, long time.

This bill does everything it can to break up families and
turn friends against each other. Again, that's what police
states do; they ensure that everyone's first loyalty is to
the tyrant, not their own family and friends.

Fortunately, H.R. 1528 has so far not gone much farther
than H.R. 1603. It has no co-sponsors. However, it is
starting its move through the committee and sub-committee
process.

Unfortunately, regardless of the eventual fate of H.R.
1528, this bill and the Real ID Act represent the current
state of American law and justice.

That is, they represent the utter destruction of American
law and justice.

So how does this all tie in with Mr. Sensenbrenner's
inaction on fair firearms testing? Why does Sensenbrenner
praise the BATFE while stalling a commonsense bill that
might halt serious BATFE abuses?

Of course, we can't get inside the congressman's mind (and
frankly, wouldn't want to), but the BATFE is the perfect
ally for someone who wants to build a police state.

Given the choice between erring on the side of decency and
fairness and erring on the side of the "disinterested
disposition to punish," the BATFE comes down on the side of
crushing, barbaric, arbitrary punishment every time. And
the BATFE would help enforce Mr. Sensenbrenner's new laws.

Sensenbrenner knows he can get away with antagonizing and
abusing gun owners -- most of whom will never even learn
about his horrible laws until it's too late. But he's not
about to antagonize one of his best allies in the effort to
build a police state on the ground where the free land of
America once stood.

He _needs_ the BATFE to do his tyrannical will. And he
needs the agency to be as nasty as possible. It's that
simple. And that scary.

BUT WHAT CAN WE DO?

When possible, The Liberty Crew likes to suggest courses of
action. It's no good merely to wring our hands and cry as
our "representatives" steal freedom from under our noses.

Tyrannical law-making has become so rampant, however, that
fighting government injustice on government's own terms is
like battling the mythical hydra: You lop off one evil law,
and two more grow in its place. Conventional solutions
won't work.

As we've said before, we need to restore a Bill of Rights
culture in this country. So the first thing to do is keep
up the slow, patient labor of educating your neighbors and
friends. (http://www.jpfo.org/bohica.htm)

One thing we must do is show people that laws and law-
making have become the problem, not the solution.

To help everyone understand that crucial point, we have a
new tool. Go here: http://www.rebelfirerock.com/home.html .
Listen to the song "Justice Day." Download it. Print out
the lyrics (http://www.rebelfirerock.com/lyrics.html).
Share them. Encourage others to listen -- and get the
message.

There's a novel that goes along with those lyrics:
_RebelFire: Out of the Gray Zone_. Of course we'd be glad
if you bought a copy for yourself or for your teenage
relatives or friends. But even if you don't want to do
that, use the medium -- the music -- to convey the message:
The real criminals are the ones who crush us under their
terrible laws.

- The Liberty Crew

===========================================================

JPFO mirror site: http://www.jpfo.net

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Original Material in JPFO ALERTS is Copyright 2005 JPFO, Inc.
Permission is granted to reproduce this alert in full, so long
as the following JPFO contact information is included:

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RevDisk

May 21, 2005, 05:39 PM

Rep. Sensenbrenner is a very evil and dangerous man. Who knews what other insane bills he will propose?

nico

May 22, 2005, 02:18 AM

But we do recognize tyrannical madness when we spot it. And
we're seeing it in James Sensenbrenner's compulsive desire
to control everyone in the country, and his desire to
punish everyone he can't control.

pardon the language, but the more I hear about Sensenbrenner, the more he seems like a <pejorative comment>. About a month ago, he threatened to sue a local radio DJ because they mentioned him and some speech he made on the air. Given his positions, he seems like he'd be better suited to be in a fascist government.

edit: sorry, I figured it'd be on the borderline, but it was such a good description of this particular person :o

Warren

May 22, 2005, 02:29 AM

I've started a blog (http://stophr1528.blogspot.com/) on HR 1528.

Don't know how much good it will do. i see it mainly as a place to post info as it comes in. Other than that I'm not sure what else to do with it.

alan

May 22, 2005, 06:30 PM

Here2Learn;

The blog you have started seems like something that might help. Unfortunately, given that I tried 3 times, to establish an account, so that I could say essentially what appears below, and none of these efforts worked, I personally will have to skip the pleasure.

Having said that, the following might prove of interest to some, including any who are involved in LE. This proposal is that archtypical legislative POS. Thinking persons, including those in law enforcement need to stand up and shout NO, in regard to it's passage, or the passage of anything similar.

Should this monstrosity become law, and should it turn out that LE didn't oppose it's enactment, legitimately fight against it's adoption, then I suspect that public cooperation with LE might well drop to ZERO. Should that happen, LE will have nobody to blame but themselves, for the very difficult situations that they will then face..

alan

May 22, 2005, 06:36 PM

nico:

Re your reference to Senbrenner's threat to sue a disk jockey, I do not know what the guy said, however if he simply stated fact, then he should have told Senbrenner to sue and be damned. What actually happened with this?

By the way, re the bringing of law suuits, anyone can bring suit against another person, for reasons good, bad, indifferent or non existant. He who brought the action might lay themselves open to a counter suit, which is or could be, another matter. In any case the threat to do something and the actual action are often entirely different things.

nico

May 23, 2005, 12:39 AM

Alan, I don't remember exactly what happened, and couldn't find anything about it on google. iirc, the DJ was talking about how people like sensenbrenner were trying to become the thought police and had callers commenting on how messed up the whole situation is. iirc, the DJ refered to Sensenbrenner as the previously deleted explitive. Basically, they were having a rant session on what a jerk Sensenbrenner is. The next day, the DJ got ahold of an email sent to his boss that basically threatened to sue him and Clear Channel for defamation and sic the FCC on them. They basically dared Sensenbrenner to do something, and I haven't heard anything about the issue since.

alan

May 24, 2005, 12:39 AM

Nico:

If what you said is correct, it's very nice to see someone with the guts to tell these windbag political types who hold public office, where to get off.

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